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Herman v. Brooks (In re Brooks)

Ruling
Debt to debtor's wife's sister was nondischargeable due to breach of fiduciary duty and concealment.
Issue(s)
Should creditor's attorneys' fees for filing of proof of claim be allowed as reasonable?

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Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0416-080

In re Asset Resolution Corp.

Ruling
Settlement of trustees claims against creditors with little benefit to estate not approved.
Issue(s)
Could settlement of bankruptcy estate's claim against creditors be approved?

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Commercial opinion summary, case decided on August 05, 2015 , LexisNexis #0915-070

In re Cannella

Ruling
Debtors' plan complied with best interests of creditors test based on hypothetical postpetition, preconfirmation liquidation.
Issue(s)
Should confirmation of debtors' chapter 13 plan be denied due to failure to satisfy the best interests of creditors test?

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Consumer opinion summary, case decided on March 12, 2015 , LexisNexis #0415-030

Johnson v. Sallie Mae Inc. (In re Johnson)

Ruling
Discharge of debtors' joint consolidated student loan debt was dischargeable given inability to support family after husband lost his full time job.
Issue(s)
Were debtors entitled to an undue hardship discharge of consolidated student loan debt given family support issues and husband's loss of full time job?

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Consumer opinion summary, case decided on February 19, 2015 , LexisNexis #0315-087

Waller v. Waller (In re Waller)

Ruling
"Maintenance" payment to former spouse was a nondischargeable domestic support obligation.
Issue(s)
Whether maintenance and attorney's fees and costs awarded to debtor's former spouse are a domestic support obligation that is excepted from discharge or whether that award is a property or debt division and dischargeable?

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Consumer opinion summary, case decided on December 29, 2014 , LexisNexis #0115-085

Yoder v. Long (In re Long)

Ruling
Real estate loan was nondischargeable as obtained by fraud.
Issue(s)
Whether the real estate loan debt should be classified as nondischargeable under 11 U.S.C. § 523(a)(2)(A)?

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Consumer opinion summary, case decided on December 01, 2014 , LexisNexis #1214-121

Long v Long

Ruling
Debt was nondischargeable due to debtor's scheme to dupe creditor into making loan.
Issue(s)
Was debt nondischargeable as money or an extension of credit obtained by false pretenses, a false representation, or actual fraud or as an extension, renewal, or refinancing of debt obtained by false pretenses, false representation, or actual fraud?

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Consumer opinion summary, case decided on November 24, 2014 , LexisNexis #1214-086

Expert S. Tulsa LLC v. E.H. Hawes Revocable Trust (In re Expert S. Tulsa LLC)

Ruling
Transfer could not be avoided as fraudulent where debtor received reasonably equivalent value for property.
Issue(s)
Could prepetition transfer be set aside as fraudulent where transferee paid reasonably equivalent value for the property?

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Commercial opinion summary, case decided on July 02, 2014 , LexisNexis #0714-127

Expert S. Tulsa LLC v. E.H. Hawes Revocable Trust (In re Expert S. Tulsa LLC)

Ruling
Sale of real property pursuant to which debtor retained all incidents of ownership was avoidable as fraudulent.
Issue(s)
Was debtor's sale of a real estate development a fraudulent transfer?

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Commercial opinion summary, case decided on June 09, 2014 , LexisNexis #0714-094

Turkal v. Altamira Condo. Assn (In re Turkal)

Ruling
Condominium association dues were nondischargeable as not scheduled and due to failure to provide association with notice.
Issue(s)
Whether a chapter 13 debtor was entitled to summary judgment on her complaint seeking a determination that post-petition homeowners association dues were dischargeable under 11 U.S.C.S. § 1328(a).

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Consumer opinion summary, case decided on February 24, 2014 , LexisNexis #0314-086